Commonwealth Transparency v. Masconomet Regional School District (SPR 20241311)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 14, 2024 SPR24/1311 Jacqueline Bolduc Executive Assistant to the Superintendent Masconomet Regional School District 20 Endicott Road Boxford, MA 01921 Dear Ms. Bolduc: I have received the petition of Commonwealth Transparency (“requestor”) appealing the response of the Masconomet Regional School District (School/District) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 6, 2024, the requestor sought the following for the period of January 1, 2018 through April 5, 2024: [1.] Any and all contracts, communications, or documents of any kind with [three specified terms] [2.] Any and all payments made to [three specified terms] [3.] Any and all conflict of interest documents for [three specified terms.] Prior Appeal This request was the subject of a prior appeal. See SPR24/1208 Determination of the Supervisor of Records (May 6, 2024). In my May 6th determination, I found that it was unnecessary to opine, because the request had been modified. On April 22, 2024, the School responded, providing a fee estimate. Unsatisfied with the School’s response, the requestor petitioned this office and this appeal, SPR24/1311, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Jacqueline Bolduc SPR24/1311 Page 2 May 14, 2024 or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Fees Estimates - Municipalities If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. A municipality may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § 10(d)(i). Municipalities may not assess a fee for the first (two) 2 hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested unless the municipality has 20,000 people or less. G. L. c. 66, § 10(d)(iii). Where appropriate, municipalities may include as part of the fee an hourly rate equal to or less than the hourly rate attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce a record requested, but the fee shall not be more than $25 per hour. Id. However, municipalities may charge more than $25 per how if such rate is approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). A fee shall not be assessed for time spent segregating or redacting records unless such segregation or redaction is required by law or approved by the Supervisor of Records under a petition under G. L. c. 66, § 10(d)(iv). See G. L. c. 66, § 10(d)(iii); 950 C.M.R. 32.06(4). Modification of the scope of the request It is my understanding that on April 11, 2024, the requestor modified the scope of the request. In the April 11th request, the requestor sought the same records as the April 6th request but for the period of “January 1, 2016 through April 5, 2024[.]”

Jacqueline Bolduc SPR24/1311 Page 3 May 14, 2024 On April 22, 2024, the School provided a fee estimate, which covers the time period 2018-2024. Where the requestor’s April 11th modified request covers a portion of the original April 6th request, the School is advised that there remains outstanding records from 2016-2017. As such, the School must provide a good faith estimate for the production of the additional records from 2016-2017 per the modified request. Conclusion Accordingly, the School is ordered to provide the requestor with a response, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. The requestor may appeal the substantive nature of the School’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Commonwealth Transparency